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European Union — Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia — (Second complaint)


Key Facts

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Short Title: EU — Cost Adjustment Methodologies II (Russia)
Respondent: European Union
Third Parties: Argentina; Brazil; Canada; Mexico; United States; China; Egypt; Norway; Ukraine; Japan; Korea; India; Australia; Indonesia; Vietnam;
Complaintant(s): Russia Federation;
Dispute Number: DS494
Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds494_e.htm
Dispute Subject(s): Anti-dumping Measures; GATT 1994;
Dispute Status: Pending


On May 7, 2015, the Russian Federation requested consultations with the European Union regarding “cost adjustment” methodologies used by the European Union for the calculation of dumping margins in anti-dumping investigations and reviews.

The Russian Federation claimed that the measures are inconsistent with:

  • Articles 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 2.3, 2.4, 3.1, 3.2, 3.4, 3.5, 5.8, 6.8, 9.2, 9.3, 11.1, 11.2, 11.3, 11.4, 17.6, 18.1 and 18.4, and Annex II, of the Anti‑Dumping Agreement;
  • Articles 10 and 32.1 of the SCM Agreement;
  • Articles I, VI:1, VI:2, VI:6 and X:3(a) of the GATT 1994; and
  • Article XVI:4 of the WTO Agreement.

On May 29, 2015, Ukraine requested to join the consultations. Subsequently, the European Union informed the DSB that it had accepted the request of Ukraine to join the consultations. On November 7, 2016, the Russian Federation requested the establishment of a panel. At its meeting on November 23, 2016, the DSB deferred the establishment of a panel.

At its meeting on December 16, 2016, the DSB established a panel. Argentina, Australia, Brazil, Canada, China, India, Indonesia, Japan, Korea, Mexico, Norway, Ukraine, the United States and Viet Nam reserved their third-party rights.

Following the agreement of the parties, the panel was composed on December 17, 2018.

 

Panel Proceedings
BRIEF DATE BRIEF DESCRIPTION
9/12/2019 U.S. Third-Party Oral Statement 
9/27/2019 U.S. Third-Party Answers to Panel Questions 
9/30/2019 U.S. Third Party Executive Summary